Security Deposit

If the landlord wants to keep any of the tenant’s security deposit,  the landlord is required to mail such claim by certified mail within 30 days.  If the landlord does not do this,  the entire deposit must be refunded.

What may be deducted?

The tenant is entitled to reasonable wear and tear in light of the duration of the occupancy.    Generally, cleaning and routine repainting are not claimable.   The landlord should not charge for repairs not actually performed.   The landlord should only charge for amounts actually expended,  not for estimates for work not actually performed.

What is my remedy?

If you feel that the landlord wrongfully kept your security deposit,  you must sue the landlord in small claims court. Starting in 2020, small claims court may hear claims of up to $8000.   If the court swards the tenant any amount of a refund, the tenant will also be awarded all court costs and attorney’s fees.   So there is no reason for a tenant to hesitate to file suit against the landlord or to utilize the services of an attorney to get their security deposit back.